LLC v. Alphonse Fusco (2011)

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT (104.00)

In this credit card collection action the defendant Alphonse Fusco, representing himself, has appeared, but not responded to the complaint and therefore, has been defaulted for failure to plead.   The complaint alleges that the plaintiff has been assigned the credit card agreement originally made between Washington Mutual Bank, and Mr. Fusco.   It is alleged that the defendant owes $4,788.34.   There is an affidavit with the summary judgment motion stating the principal balance owed is $4,788.34, but there are unspecified “other charges” of $1,451.44 and a claimed interest rate of 24%.   Account statements mailed to the defendant at his Norwalk address in 2008 and 2009 substantiate there was an unpaid balance owed by Mr. Fusco that grew to over $4,788.34 by September 2009.

Based on the evidence before the court, and employing well recognized principles of law applicable to summary judgment motions, the court grants the motion for summary judgment as follows:  judgment is entered for the plaintiff in the amount of $4,788.34 (any greater amount is not substantiated) plus allowable costs and postjudgment interest at six percent per annum.   The defendant is ordered to pay $35.00 per week to be delivered to the plaintiff's attorney beginning July 11, 2011.

SO ORDERED.

TAGGART D. ADAMS

JUDGE TRIAL REFEREE

Adams, Taggart D., J.